We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Waiver and Severability Clause in Contracts

Waiver and Severability. If either Party fails to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will continue in full force and effect.

Appears in 11 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Waiver and Severability. If The failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision or option, or affect the validity of this Agreement or any part will be effective only if in writing and signed by authorized representatives of this Agreement, or the right of the waiving Party to enforce subsequently each and every provisionboth parties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.

Appears in 10 contracts

Samples: End User License Agreement, End User Agreement, End User Agreement

Waiver and Severability. If Failure by either Party fails party to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.

Appears in 8 contracts

Samples: Member Master Subscription Agreement, Master Subscription Agreement, Terms of Use

Waiver and Severability. If Failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreementprovide herein, that failure will shall not constitute a waiver of that such provision or option, or nor affect the validity of this Agreement or any part of this Agreementthereof, or the right of the waiving Party party to thereafter enforce subsequently each and every provisionsuch provisions. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will shall continue in full force and effect.

Appears in 7 contracts

Samples: Software License and Maintenance Agreement, Software Lease and Maintenance Agreement (Cash America International Inc), Software Lease and Maintenance Agreement (Enova International, Inc.)

Waiver and Severability. If Failure by either Party fails to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.

Appears in 6 contracts

Samples: Master Subscription Agreement, Member Master Subscription Agreement, End User License Agreement

Waiver and Severability. If Waiver or failure by either Party fails to enforce at any time any of the provisions of this Agreement, or party to exercise in any election of options respect any right provided for in this Agreement, that failure the Agreement will not constitute be deemed a waiver of that provision or option, or affect the validity of this Agreement or any part of further right under this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceablefound by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the this Agreement will continue in full force and effect.

Appears in 4 contracts

Samples: Master Services Agreement, Master Information Technology Service Agreement, Master Services Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Short Term Rental Agreement, Rental Agreement, Residential Lease Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or party’s rights to subsequently enforce the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, the remainder all other provisions of the this Agreement will continue shall not be affected and shall remain in full force and effect.

Appears in 4 contracts

Samples: Portal/Los Link Agreement, Portal/Los Link Agreement (Ellie Mae Inc), Portal/Los Link Agreement (Ellie Mae Inc)

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, right or to exercise any election of options provided provision in this Agreement, that failure will Agreement shall not constitute a waiver of that such right or provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party unless acknowledged and agreed to enforce subsequently each and every provisionby such party in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the remainder intentions of the Agreement will continue invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Waiver and Severability. If either The failure of a Party fails to exercise or enforce at any time any of the provisions right or provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of that provision such right or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held to be invalid or unenforceable, the remainder remaining provisions of the this Agreement will continue remain in full force and effect.

Appears in 2 contracts

Samples: Master Software and Services Agreement, Commercial Supplier Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Waiver and Severability. If Failure by either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreementprovide herein, that failure will shall not constitute a waiver of that such provision or option, or nor affect the validity of this Agreement or any part of this Agreementthereof, or the right of the waiving Party party to thereafter enforce subsequently each and every such provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will shall continue in full force and effect.

Appears in 2 contracts

Samples: Fixed Term License Agreement (Tality Corp), Fixed Term License Agreement (Tality Corp)

Waiver and Severability. If a. Failure by either Party fails to enforce at any time or for any of time the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute be construed as a waiver of that provision or option, or such provisions and shall not affect the validity of this Agreement or such Party’s rights to later enforce such provisions. b. If any part of this AgreementAgreement is determined by any court or tribunal of competent jurisdiction to be wholly or partially unenforceable for any reason, or such unenforceability shall not affect the right of the waiving Party to enforce subsequently each and every provision. If any provision balance of this Agreement is held invalid or unenforceable, the remainder of the Agreement will continue in full force and effectAgreement.

Appears in 2 contracts

Samples: Software Development, License and Distribution Agreement, Software Development, License and Distribution Agreement (Ep Medsystems Inc)

Waiver and Severability. If The failure of either Party fails to enforce at any time any of the provisions of this AgreementAgreement will not be construed to be a continuing waiver, or nor will that failure prejudice the right of that Party to exercise take any election of options provided action in the future to enforce any provisions in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid determined to be illegal, invalid, or unenforceable, the remainder validity of the Agreement remaining provisions will continue not be affected and, in full force lieu of an illegal, invalid, or unenforceable provision, provisions similar in terms as may be legal, valid and effectenforceable under applicable law are deemed added.

Appears in 1 contract

Samples: Distributor Agreement

Waiver and Severability. If The failure of either Party fails to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute be deemed a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to thereafter enforce subsequently each and every that or any other provision. If In the event that any provision of this Agreement is held invalid or to be invalid, unenforceable, or illegal, the remainder of provision will be limited or eliminated to the minimum extent necessary so that this Agreement will continue shall otherwise remain in full force and effecteffect and enforceable.

Appears in 1 contract

Samples: Regulatory Online Training and Testing Agreement